Promoter

ABSTRACT

The current invention reports a promoter having the nucleic acid sequence of SEQ ID NO: 02, or SEQ ID NO: 03, or SEQ ID NO: 04, or SEQ ID NO: 06, which is a 5′ shortened SV40 promoter with reduced promoter strength especially useful for the limited expression of heterologous polypeptides or selectable markers.

The current invention is in the field of protein expression and cellselection. It is herein reported a promoter with low promoter strengthand thus with a limited expression of an operably linked coding nucleicacid.

BACKGROUND OF THE INVENTION

The expression of proteins is a fundamental process in living cells. Allinformation required for protein expression is provided by a singlenucleic acid. This nucleic acid not only contains the information of theprotein's amino acid sequence, it also provides the regulatoryinformation required (e.g. the ribosomal binding site, the start andend-signals for transcription, splice signals, enhancer elements, etc.)including a promoter/promoter sequence.

A promoter is a nucleic acid that regulates the amount of transcriptionof a nucleic acid, e.g. encoding a polypeptide, to which it is operablylinked, into pre-mRNA. It is a transcription control element, which islocated around the RNA polymerase initiation site at the 5′-end of anoperably linked coding sequence. From analysis of the SV40 earlypromoter it is known that recognition/binding sites for transcriptionactivators are contained in promoters in segments consisting of 7-20basepairs. One segment is the start site for RNA synthesis, e.g. thewell known TATA-box. Other segments, located approximately 30-110basepairs 5′, i.e. upstream, to the start site for RNA synthesis, aredefining the frequency of transcription initiation. A promoter at leastrequires one segment that initiates RNA synthesis at a specific site andin a defined direction, i.e. in 5′ to 3′ direction.

Known promoters are the lac-lpp, the ara-, the lac-, the tac-, the trc-,the trp-, the phoA-, the P_(BAD)-, the λ_(PL)-, the lpp-, and theT7-promoter. The SV40 promoter is a nucleic acid sequence derived fromthe genome of Simian (vacuolating) Virus 40. For the recombinantproduction of a heterologous polypeptide in a eukaryotic or prokaryoticcell normally one or more expression plasmids are introduced into thecell. The expression plasmid(s) comprises an expression cassette for theexpression of a heterologous polypeptide and also an expression cassettefor the expression of a selectable marker, which is required for theselection of transfected cells expressing the heterologous polypeptide.The synthesis of the heterologous polypeptide and of the selectablemarker both requires a fraction of the cell's expression machinery'scapacity.

As it is the aim to produce predominantly the heterologous polypeptidemost of the available capacity of the cell's expression machinery shouldbe allocated to the expression of the nucleic acid encoding theheterologous polypeptide. Only a minor amount should be used for theexpression of the selectable marker. This allocation of expressioncapacity is done via the strength of the corresponding promoters. Thestronger a promoter is the more of the operably linked nucleic acid istranscribed and thus translated. Therefore, it exists a need forpromoters with adjustable or reducible promoter strength.

Taylor, W. E., et al. (Endocrinol. 137 (1996) 5407-5414) report humanstem cell factor promoter deletion variants. In US patent application US2007/0092968 novel hTMC promoter and vectors for the tumor-selective andhigh-efficient expression of cancer therapeutic genes is reported. Frommet al. (J. Mol. Appl. Gen. 1 (1982) 457-481 and ibid 2 (1983) 127-135)report deletion mapping and deletion mutants of SV-40 early regionpromoter. Chitinase chitin-binding fragments are reported in U.S. Pat.No. 6,399,571. WO 99/62927 reports connective tissue growth factor-4.

SUMMARY OF THE INVENTION

The first aspect of the current invention is a promoter having, i.e.with, a nucleic acid sequence of SEQ ID NO: 02 or SEQ ID NO: 03 or SEQID NO: 04 or SEQ ID NO: 06. In one embodiment the promoter has thenucleic acid sequence of SEQ ID NO: 04.

A second aspect of the current invention is a nucleic acid that has thenucleotide sequence of SEQ ID NO: 04 and that has a promoter strength of20% or less compared to the wild-type SV40 promoter of SEQ ID NO: 05when operably linked to the nucleic acid sequence of SEQ ID NO: 07encoding the green-fluorescent-protein (GFP).

A further aspect of the current invention is a method for the selectionof a cell comprising the following steps in this order:

-   a) transfecting a eukaryotic cell with a nucleic acid comprising    -   i) a first expression cassette comprising a nucleic acid        encoding a heterologous polypeptide,    -   ii) a second expression cassette comprising a first nucleic acid        of SEQ ID NO: 04 and a second nucleic acid encoding a selectable        marker, whereby the first nucleic acid is operably linked to the        second nucleic acid,-   b) cultivating said transfected cell under conditions suitable for    growth of the non-transfected eukaryotic cell,-   c) selecting a cell propagating in step b) and also    -   i) propagating under selective culture conditions, or    -   ii) expressing the selectable marker.

In one embodiment of this aspect of the invention the eukaryotic cell isa mammalian cell. In a preferred embodiment the mammalian cell is a CHOcell, BHK cell, or PER.C6® cell, or HEK cell, or Sp2/0 cell. In anotherembodiment the heterologous polypeptide is an immunoglobulin, or animmunoglobulin-fragment, or an immunoglobulin-conjugate. In oneembodiment the selectable marker is a neomycin-aminoglycosidephosphotransferase, or a hygromycin-phosphotransferase, or dLNGFR, orGFP.

A forth aspect of the current invention is a method for the expressionof a heterologous polypeptide which comprises the following steps inthis order:

-   a) transfecting a mammalian cell with a nucleic acid comprising an    expression cassette comprising a first nucleic acid of SEQ ID NO: 02    or SEQ ID NO: 03 or SEQ ID NO: 04 or SEQ ID NO: 06 operably linked    to a second nucleic acid encoding a heterologous polypeptide,-   b) selecting a cell transfected in step a),-   c) cultivating the selected cell under conditions suitable for the    expression of the heterologous polypeptide,-   d) recovering the heterologous polypeptide from the cell or the    cultivation medium.

In one embodiment of this aspect of the current invention the mammaliancell is a CHO cell, a BHK cell, or a PER.C6® cell, or HEK cell, or Sp2/0cell. In another embodiment the first nucleic acid is of SEQ ID NO: 04.In a further embodiment the second nucleic acid is encoding animmunoglobulin, or an immunoglobulin-fragment, or animmunoglobulin-conjugate. In still another embodiment the nucleic acidcomprises a second expression cassette encoding a selectable marker.

DETAILED DESCRIPTION OF THE INVENTION

The current invention reports a novel promoter nucleic acid with anucleotide sequence of SEQ ID NO: 02, or SEQ ID NO: 03, or SEQ ID NO:04, or SEQ ID NO: 06.

Methods and techniques useful for carrying out the current invention areknown to a person skilled in the art and are described e.g. in Ausubel,F. M., ed., Current Protocols in Molecular Biology, Volumes I to III(1997), and Sambrook, et al., Molecular Cloning: A Laboratory Manual,Second Edition, Cold Spring Harbor Laboratory Press, Cold Spring Harbor,N.Y. (1989). As known to a person skilled in the art enables the use ofrecombinant DNA technology the production of numerous derivatives of anucleic acid and/or polypeptide. Such derivatives can, for example, bemodified in one individual or several positions by substitution,alteration, exchange, deletion, or insertion. The modification orderivatisation can, for example, be carried out by means of sitedirected mutagenesis. Such modifications can easily be carried out by aperson skilled in the art (see e.g. Sambrook, J., et al., MolecularCloning: A laboratory manual (1999) Cold Spring Harbor Laboratory Press,New York, USA). The use of recombinant technology enables a personskilled in the art to transform various host cells with heterologousnucleic acid(s).

A “promoter” refers to a nucleic acid, i.e. polynucleotide sequence,which controls transcription of a nucleic acid to which it is operablylinked. A promoter may include signals for RNA polymerase binding andtranscription initiation. The promoter(s) used will be functionable inthe cell type of the host cell in which expression of the operablylinked nucleic acid is contemplated. A large number of promotersincluding constitutive, inducible, and repressible promoters from avariety of different sources are well known in the art (and identifiedin databases such as GenBank). They are available as or within clonedpolynucleotides (from, e.g., depositories such as ATCC as well as othercommercial or individual sources). A “promoter” comprises a nucleotidesequence that directs the transcription of e.g. an operably linkedstructural gene. Typically, a promoter is located in the 5′ non-codingor 5′-untranslated region (5′UTR) of a gene, proximal to thetranscriptional start site of a structural gene. Sequence elementswithin promoters that function in the initiation of transcription areoften characterized by consensus nucleotide sequences. These sequenceelements include RNA polymerase binding sites, TATA sequences, CAATsequences, differentiation-specific elements (DSEs; McGehee, R. E., etal., Mol. Endocrinol. 7 (1993) 551), cyclic AMP response elements(CREs), serum response elements (SREs; Treisman, R., Seminars in CancerBiol. 1 (1990) 47), glucocorticoid response elements (GREs), and bindingsites for other transcription factors, such as CRE/ATF (O'Reilly, M. A.,et al., J. Biol. Chem. 267 (1992) 19938), AP2 (Ye, J., et al., J. Biol.Chem. 269 (1994) 25728), SP1, cAMP response element binding protein(CREB; Loeken, M. R., Gene Expr. 3 (1993) 253-264) and octamer factors(see, in general, Watson et al., eds., Molecular Biology of the Gene,4th ed., The Benjamin/Cummings Publishing Company, Inc. 1987, andLemaigre, F. P. and Rousseau, G. G., Biochem. J. 303 (1994) 1-14). If apromoter is an inducible promoter, then the rate of transcriptionincreases in response to an inducing agent. In contrast, the rate oftranscription is not regulated by an inducing agent if the promoter is aconstitutive promoter. Repressible promoters are also known. Forexample, the c-fos promoter is specifically activated upon binding ofgrowth hormone to its receptor on the cell surface. Tetracycline (tet)regulated expression can be achieved by artificial hybrid promoters thatconsist e.g. of a CMV promoter followed by two Tet-operator sites. TheTet-repressor binds to the two Tet-operator sites and blockstranscription. Upon addition of the inducer tetracycline, theTet-repressor is released from the Tet-operator sites and transcriptionproceeds (Gossen, M. and Bujard, H., Proc. Natl. Acad. Sci. USA 89(1992) 5547-5551). For other inducible promoters includingmetallothionein and heat shock promoters, see, e.g., Sambrook, et al.(supra), and Gossen, M., et al., Curr. Opin. Biotech. 5 (1994) 516-520.Among the eukaryotic promoters that have been identified as strongpromoters for high-level expression are the SV40 early promoter,adenovirus major late promoter, mouse metallothionein-I promoter, Roussarcoma virus long terminal repeat, Chinese hamster elongation factor 1alpha (CHEF-1, see e.g. U.S. Pat. No. 5,888,809), human EF-1 alpha,ubiquitin, and human cytomegalovirus immediate early promoter (CMV IE).An enhancer (i.e., a cis-acting DNA element that acts on a promoter toincrease transcription) may be necessary to function in conjunction withthe promoter to increase the level of expression obtained with apromoter alone, and may be included as a transcriptional regulatoryelement. Often, the polynucleotide segment containing the promoter willinclude enhancer sequences as well (e.g., CMV or SV40).

The term “nucleic acid” as used herein, is a polymer consisting ofindividual nucleotides, i.e. a polynucleotide. It refers to a naturallyoccurring, or partially or fully non-naturally occurring nucleic acid,which is e.g. encoding a polypeptide that can be produced recombinantly.The nucleic acid can be build up of DNA-fragments which are eitherisolated or synthesized by chemical means. The nucleic acid can beintegrated into another nucleic acid, e.g. in an expression plasmid orthe genome/chromosome of a host cell. Plasmid includes shuttle andexpression vectors. Typically, the plasmid will also comprise aprokaryotic propagation unit comprising an origin of replication (e.g.the ColE1 origin of replication) and a selectable marker (e.g.ampicillin or tetracycline resistance gene) for replication andselection, respectively, of the vector in bacteria.

The term “promoter strength” and grammatical equivalents thereof as usedwithin the current invention denotes the efficacy of a promoter in thetranscription of an operably linked nucleic acid. The promoter strengthof a promoter can be high, i.e. it can be of from 90% to more than 100%,or medium, i.e. it can be of from 40% to less than 90%, or low, i.e. itcan be up to less than 40%, if compared to the promoter strength of thewild-type SV40 promoter of SEQ ID NO: 05. This value can be determinedby comparing the amount of expression of a heterologous polypeptideoperably linked to the promoter in question to the amount of expressionof the heterologous polypeptide operably linked to the wild-type SV40promoter in the same cell type. This can be done e.g. by determining theamount of expression of the heterologous polypeptide in a CHO- orHEK-cell transfected with an expression cassette consisting of thepromoter in question operably linked to a nucleic acid encoding theheterologous polypeptide by an ELISA-assay. By comparing this amount tothe amount of expression of the same heterologous polypeptide in thesame cell line transfected with an expression cassette consisting of thewild-type SV40 promoter operably linked to a nucleic acid encoding theheterologous polypeptide determined with the same ELISA-assay i.e.comparing the amount of heterologous polypeptide in the same cell withthe same expression plasmid wherein only the promoter is changed, therelative promoter strength can be determined. The term “wild-type SV40promoter” as used within this application denotes a nucleic acid of SEQID NO: 05 which correspond to position 72-411 of the nucleic acid of SEQID NO: 01, which is the genome of the SV40.

“Operably linked” refers to a juxtaposition of two or more components,wherein the components so described are in a relationship permittingthem to function in their intended manner. For example, a promoterand/or enhancer are operably linked to a coding sequence, if it acts incis to control or modulate the transcription of the linked codingsequence. Generally, but not necessarily, the DNA sequences that are“operably linked” are contiguous and, where necessary to join twoprotein encoding regions such as a secretory leader/signal sequence anda polypeptide, contiguous and in reading frame. However, although anoperably linked promoter is generally located upstream of the codingsequence, it is not necessarily contiguous with it. Enhancers do nothave to be contiguous. An enhancer is operably linked to a codingsequence if the enhancer increases transcription of the coding sequence.Operably linked enhancers can be located upstream, within, or downstreamof coding sequences, and at considerable distance from the promoter. Apolyadenylation site is operably linked to a coding sequence if it islocated at the downstream end of the coding sequence in such a way thattranscription proceeds through the coding sequence into thepolyadenylation sequence. Linking is accomplished by recombinant methodsknown in the art, e.g., using PCR methodology, and/or by ligation atconvenient restriction sites. If convenient restriction sites do notexist, then synthetic oligonucleotide adaptors or linkers are used inaccord with conventional practice.

Within the scope of the present invention, transfected cells may beobtained with substantially any kind of transfection method known in theart. For example, the nucleic acid may be introduced into the cells bymeans of electroporation or microinjection. Alternatively, lipofectionreagents such as FuGENE 6 (Roche Diagnostics GmbH, Germany), X-tremeGENE(Roche Diagnostics GmbH, Germany), and LipofectAmine (Invitrogen Corp.,USA) may be used. Still alternatively, the nucleic acid may beintroduced into the cell by appropriate viral vector systems based onretroviruses, lentiviruses, adenoviruses, or adeno-associated viruses(Singer, O., Proc. Natl. Acad. Sci. USA 101 (2004) 5313-5314).

The term “cell” or “host cell” refers to a cell into which a nucleicacid, e.g. encoding a heterologous polypeptide or constituting an shRNA,can be or is introduced/transfected. Host cells include both prokaryoticcells, which are used for propagation of vectors/plasmids, andeukaryotic cells, which are used for the expression of the nucleic acid.In one embodiment the eukaryotic cells are mammalian cells. In anotherembodiment the mammalian host cell is selected from the mammalian cellscomprising CHO cells (e.g. CHO K1 or CHO DG44), BHK cells, NS0 cells,SP2/0 cells, HEK 293 cells, HEK 293 EBNA cells, PER.C6 cells, and COScells. In a further embodiment the mammalian cell is selected from thegroup comprising hybridoma, myeloma, and rodent cells. Myeloma cellscomprise rat myeloma cells (e.g. YB2), and mouse myeloma cells (e.g.NS0, SP2/0). Polypeptides for use in pharmaceutical applications are inone embodiment produced in mammalian cells such as CHO cells, NS0 cells,Sp2/0 cells, COS cells, HEK cells, BHK cells, PER.C6® cells, or thelike. For the fermentation of the host cell and thus for the expressionof the polypeptide of interest a cultivation medium is used. Today CHOcells are widely used for the expression of pharmaceutical polypeptides,either at small scale in the laboratory or at large scale in productionprocesses. Due to their wide distribution and use the characteristicproperties and the genetic background of CHO cells is well known.Therefore, CHO cells are approved by regulatory authorities for theproduction of therapeutic proteins for application to human beings. Inone embodiment the mammalian cell is a CHO cell.

An “expression cassette” refers to a nucleic acid that contains theelements necessary for expression and secretion of at least thecontained structural gene in a host cell. A nucleic acid is likewisecharacterized by its sequence consisting of individual nucleotides or bythe amino acid sequence encoded by the nucleic acid molecule.

A “gene” denotes a nucleic acid which is a segment e.g. on a chromosomeor on a plasmid which can effect the expression of a peptide,polypeptide, or protein. Beside the coding region, i.e. the structuralgene, a gene comprises other functional elements e.g. a signal sequence,promoter(s), introns, and/or terminators.

A “structural gene” denotes the region of a gene without a signalsequence, i.e. the coding region.

The term “expression” as used herein refers to transcription and/ortranslation occurring within a cell. The level of transcription of adesired product in a host cell can be determined on the basis of theamount of corresponding mRNA that is present in the cell. For example,mRNA transcribed from a selected nucleic acid can be quantitated by PCRor by Northern hybridization (see Sambrook, et al., Molecular Cloning: ALaboratory Manual, Cold Spring Harbor Laboratory Press (1989)). Theprotein encoded by a selected nucleic acid can be quantitated by variousmethods, e.g. by ELISA, by assaying for the biological activity of theprotein, or by employing assays that are independent of such activity,such as Western blotting or radioimmunoassay, by using antibodies thatrecognize and bind to the protein (see Sambrook, et al., 1989, supra).

“Regulatory elements” as used herein, refer to nucleotide sequencespresent in cis, necessary for transcription and/or translation of thenucleic acid sequence encoding a polypeptide of interest. Thetranscriptional regulatory elements normally comprise a promoterupstream of the nucleic acid sequence to be expressed, transcriptionalinitiation and termination sites, and a polyadenylation signal sequence.The term “transcriptional initiation site” refers to the nucleotide inthe nucleic acid corresponding to the first nucleotide incorporated intothe primary transcript, i.e. the mRNA precursor; the transcriptionalinitiation site may overlap with the promoter sequence. The term“transcriptional termination site” refers to a nucleotide sequencenormally represented at the 3′ end of a gene of interest to betranscribed, that causes RNA polymerase to terminate transcription. Thepolyadenylation signal sequence, or poly-A addition signal provides thesignal for the cleavage at a specific site at the 3′ end of eukaryoticmRNA and the post-transcriptional addition in the nucleus of a sequenceof about 100-200 adenine nucleotides (polyA tail) to the cleaved 3′ end.The polyadenylation signal sequence may include the consensus sequenceAATAAA located at about 10-30 nucleotides upstream from the site ofcleavage.

A “polypeptide” is a polymer of amino acid residues joined by peptidebonds, whether produced naturally or synthetically. Polypeptides of lessthan about 20 amino acid residues may be referred to as “peptides.”Polypeptides comprising two or more amino acid chains or comprising anamino acid chain of a length of 100 amino acids or more may be referredto as “proteins”. A polypeptide or protein may also comprisenon-peptidic components, such as carbohydrate groups or metal ions.Carbohydrates and other non-peptidic substituents may be added to aprotein by the cell in which the protein is produced, and may vary withthe type of cell. Proteins and polypeptides are defined herein in termsof their amino acid backbone structure; additions such as carbohydrategroups are generally not specified, but may be present nonetheless.

“Heterologous DNA” or “heterologous polypeptide” refers to a DNAmolecule or a polypeptide, or a population of DNA molecules or apopulation of polypeptides, that do not exist naturally within a givenhost cell. DNA molecules heterologous to a particular host cell maycontain DNA derived from the host cell species (i.e. endogenous DNA) solong as that host cell derived DNA is combined with non-host cellderived DNA (i.e. exogenous DNA). For example, a DNA molecule containinga non-host DNA segment encoding a polypeptide operably linked to a hostDNA segment comprising a promoter is considered to be a heterologous DNAmolecule. Conversely, a heterologous DNA molecule can comprise anendogenous structural gene operably linked with an exogenous promoter. Apeptide or polypeptide encoded by a non-host DNA molecule is a“heterologous” peptide or polypeptide.

The term “selectable marker” denotes a nucleic acid that allows cellscarrying this nucleic acid to be specifically selected for or against,in the presence of a corresponding “selection agent”. A useful positiveselectable marker is e.g. an antibiotic resistance gene. The selectablemarker allows a cell which is transformed therewith to be selected forin the presence of the corresponding selection agent; a non-transformedcell is not capable to grow or survive under selective cultureconditions, i.e. in the presence of the selection agent. Selectablemarkers can be positive, negative or bifunctional. Positive selectablemarkers allow the selection of cells carrying the marker, whereasnegative selectable markers allow cells carrying the marker to beselectively eliminated. Typically, a selectable marker will conferresistance to a drug or compensate for a metabolic or catabolic defectin the cell. Selectable markers useful with eukaryotic cells include,e.g., the genes for aminoglycoside phosphotransferase (APH), such as thehygromycin phosphotransferase (HYG), neomycin and G418 APH,dihydrofolate reductase (DHFR), thymidine kinase (TK), glutaminesynthetase (GS), asparagine synthetase, tryptophan synthetase (selectionagent indole), histidinol dehydrogenase (selection agent histidinol D),and genes providing resistance to puromycin, bleomycin, phleomycin,chloramphenicol, Zeocin, and mycophenolic acid. Further selectablemarkers are reported in WO 92/08796 and WO 94/28143.

The term “expression machinery” as used within the current inventiondenotes the sum of the enzymes, cofactors, etc. of a cell, which areinvolved in the process beginning with the transcription of a nucleicacid or gene (i.e. also called “gene expression machinery”) to thepost-translational modification of the polypeptide encoded by thenucleic acid. The “expression machinery” e.g. comprises the steps oftranscription of DNA into pre-mRNA, pre-mRNA splicing to mature mRNA,translation of the mRNA into a polypeptide, and post translationalmodification of the polypeptide.

The term “under conditions suitable for the expression of a heterologouspolypeptide” denotes conditions which are used for the cultivation of amammalian cell expressing a heterologous polypeptide and which are knownto or can easily be determined by a person skilled in the art. It isalso known to a person skilled in the art that these conditions may varydepending on the type of mammalian cell cultivated and type of proteinexpressed. In general the mammalian cell is cultivated at a temperature,e.g. between 20° C. and 40° C., and for a period of time sufficient toallow effective protein production, e.g. for 4 to 28 days, in a volumeof from 0.1 liter to 10⁷ liter.

The term “under conditions suitable for the growth of thenon-transfected cell” denotes conditions which are generally used forthe cultivation of a non-transfected cell of the same cell line. Theseconditions are known or can easily be determined by a person skilled inthe art.

The term “recovering of the heterologous polypeptide” as used within thecurrent application denotes precipitation, salting out, ultrafiltration,diafiltration, lyophilization, solvent volume reduction to obtain aconcentrated solution, or chromatography. Generally chromatographicprocesses are used for the separation and purification of polypeptides.Different methods are well established and widespread used for proteinrecovery and purification, such as affinity chromatography withmicrobial proteins (e.g. protein A or protein G affinitychromatography), ion exchange chromatography (e.g. cation exchange(carboxymethyl resins), anion exchange (amino ethyl resins) andmixed-mode exchange), thiophilic adsorption (e.g. withbeta-mercaptoethanol and other SH ligands), hydrophobic interaction oraromatic adsorption chromatography (e.g. with phenyl-sepharose,aza-arenophilic resins, or m-aminophenylboronic acid), metal chelateaffinity chromatography (e.g. with Ni(II)- and Cu(II)-affinitymaterial), size exclusion chromatography, and electrophoretical methods(such as gel electrophoresis, capillary electrophoresis) (Vijayalakshmi,M. A., Appl. Biochem. Biotech. 75 (1998) 93-102).

The term “immunoglobulin” refers to a protein consisting of one or morepolypeptide(s) substantially encoded by immunoglobulin genes. Therecognized immunoglobulin genes include the different constant regiongenes as well as the myriad immunoglobulin variable region genes.Immunoglobulins may exist in a variety of formats, including, forexample, Fv, Fab, and F(ab)2 as well as single chains (scFv) ordiabodies (e.g. Huston, J. S., et al., Proc. Natl. Acad. Sci. USA 85(1988) 5879-5883; Bird, R. E., et al., Science 242 (1988) 423-426; ingeneral, Hood, et al., Immunology, Benjamin N.Y., 2nd edition (1984);and Hunkapiller, T. and Hood, L., Nature 323 (1986) 15-16).

An immunoglobulin in general comprises two so called light chainpolypeptides (light chain) and two so called heavy chain polypeptides(heavy chain). Each of the heavy and light chain polypeptides contains avariable domain (variable region) (generally the amino terminal portionof the polypeptide chain) comprising binding regions that are able tointeract with an antigen. Each of the heavy and light chain polypeptidescomprises a constant region (generally the carboxyl terminal portion).The constant region of the heavy chain mediates the binding of theantibody i) to cells bearing a Fc gamma receptor (FcγR), such asphagocytic cells, or ii) to cells bearing the neonatal Fc receptor(FcRn) also known as Brambell receptor. It also mediates the binding tosome factors including factors of the classical complement system suchas component (Clq). The variable domain of an immunoglobulin's light orheavy chain in turn comprises different segments, i.e. four frameworkregions (FR) and three hypervariable regions (CDR).

An “immunoglobulin fragment” denotes a polypeptide comprising at leastone domain of the group of domains comprising the variable domain, theC_(H)1 domain, the hinge-region, the C_(H)2 domain, the C_(H)3 domain,the C_(H)4 domain of a heavy chain of an immunoglobulin or the variabledomain or the C_(L) domain of a light chain of an immunoglobulin. Alsocomprised are derivatives and variants thereof. Additionally a variabledomain, in which one or more amino acids or amino acid regions aredeleted, may be present.

An “immunoglobulin conjugate” denotes a polypeptide comprising at leastone domain of an immunoglobulin heavy or light chain conjugated via apeptide bond to a further polypeptide. The further polypeptide is anon-immunoglobulin peptide, such as a hormone, growth receptor,antifusogenic peptide or the like.

The current invention reports a promoter with a nucleotide sequence ofSEQ ID NO: 02, or SEQ ID NO: 03, or SEQ ID NO: 04, or SEQ ID NO: 06

A method for the identification of a potential high producer cell cloneis the linking of the expression of a selectable marker gene and astructural gene encoding a heterologous polypeptide via an internalribosome entry site (IRES). With this design the expression of theheterologous polypeptide can be correlated with the expression of theselectable marker. Another method is gene amplification. Therein cellsdeficient of the enzyme dihydrofolate reductase (DHFR) are transfectedwith a vector/plasmid which contains a first expression cassette for theexpression of the DHFR protein and a second expression cassette for theexpression of a heterologous polypeptide. By using a culture mediumdepleted of glycine, hypoxanthine and thymidine selective cultureconditions are established. For amplification a DHFR inhibitor,methotrexate (MTX), is added (Kaufman, R. J., et al., J Mol. Biol. 159(1982) 601-621; U.S. Pat. No. 4,656,134). Generally may be used any kindof gene whose expression product is located/can be detected on the cellsurface as a marker for enrichment and selection of transfectants.dLNGFR, a truncated form of the low-affinity nerve growth factorreceptor, and thus inactive for signal transduction, which is expressedon the cell surface, and has proven to be a highly useful marker forcell biological analysis (Philipps, K., et al., Nat. Med. 2 (1996)1154-1156 and Machl, A. W., et al., Cytometry 29 (1997) 371-374).

In order not to unnecessarily reduce the production of a heterologouspolypeptide of interest the expression of the selectable marker, whichis required for the selection of cells producing the heterologouspolypeptide, i.e. of successfully transfected cells, should be as low aspossible but nonetheless still detectable.

It has now surprisingly been found that this need can be fulfilled witha promoter according to the invention. By employing a promoter accordingto the current invention cells can be selected which express aheterologous polypeptide at a higher level compared to cells selectedunder the same conditions and not employing a promoter according to thecurrent invention. It has surprisingly been found that with a promoteraccording to the invention a cell expressing a heterologous polypeptidecan be isolated with reduced expenditure. Additionally it has been foundthat by employing a promoter according to the current invention cellscan be selected that express a heterologous polypeptide at a higherlevel compared to cells selected by employing a full length SV40promoter under the same conditions and selection agent concentrations.

The term “5′ shortened SV40 promoter” as used within the currentapplication denotes a wild-type SV40 promoter in which a defined numberof consecutive nucleotides at the 5′ end of the nucleic acid sequencehave been deleted.

Thus, the current invention reports a promoter having, i.e. with, thenucleic acid sequence of SEQ ID NO: 02. SEQ ID NO: 02 comprisesnucleotides 61 to 348 of the wild-type SV40 promoter of SEQ ID NO: 05,i.e. nucleotides 1 to 60 have been deleted. The preparation of thepromoter with SEQ ID NO: 02 is shown in Example 1.

The current invention also reports a promoter having, i.e. with, thenucleic acid sequence of SEQ ID NO: 03. SEQ ID NO: 03 corresponds tonucleotides 130 to 348 of the wild-type SV40 promoter of SEQ ID NO: 05,i.e. nucleotides 1 to 129 have been deleted. The preparation of thepromoter with SEQ ID NO: 03 is shown in Example 2.

The current invention finally reports a promoter having, i.e. with, thenucleic acid sequence of SEQ ID NO: 04. SEQ ID NO: 04 is nucleotides 177to 348 of the wild-type SV40 promoter of SEQ ID NO: 05, i.e. nucleotides1 to 176 have been deleted. The preparation of the promoter with SEQ IDNO: 04 is shown in Example 3.

The current invention finally reports a promoter having, i.e. with, thenucleic acid sequence of SEQ ID NO: 06. SEQ ID NO: 06 consists ofnucleotides 203 to 348 of the wild-type SV40 promoter of SEQ ID NO: 05,i.e. nucleotides 1 to 202 have been deleted.

To determine the promoter strength of the promoters with a nucleic acidsequence of SEQ ID NO: 02 to 04 and 06 expression plasmids have beengenerated in which each of the different promoters is operably linked toa nucleic acid encoding GFP (green fluorescent protein, SEQ ID NO: 07).As can be seen from FIGS. 7 a) to c) the 5′ deletion of nucleotides inthe wild-type SV40 promoter nucleic acid reduces the promoter strength.The promoter of SEQ ID NO: 02 has approximately the same strength as thefull-length wild-type SV40 promoter. The promoters of SEQ ID NO: 03 and04 have promoter strength of approximately 56% and approximately 19%,respectively. Thus with the promoters according to the current inventionthe expression of a nucleic acid operably linked thereto can be reducedor limited compared to the wild-type SV40 promoter.

In simian virus 40 is the SV40 promoter preceded by two 72 by repeats.In one embodiment of the current invention is the first 72 by repeatdeleted and the second 72 by repeat maintained. In one embodiment thenucleic acid according to the invention comprises the nucleic acid ofSEQ ID NO: 14 prior to the nucleic acid of SEQ ID NO: 04. In anotherembodiment the nucleic acid according to the invention comprises thesecond 72 by repeat of SEQ ID NO: 14 of the simian virus 40 promoter. Ina further embodiment in the nucleic acid according to the invention thefirst 72 by repeat of the SV40 promoter is deleted and the second 72 byrepeat of the SV40 promoter is maintained. This is useful for theexpression of a heterologous polypeptide. In this embodiment is thepromoter according to the current invention, which is only containingthe second 72 by repeat of the wild type SV40 promoter, operably linkedto a nucleic acid encoding a selectable marker. With the reducedpromoter strength of this promoter the expression of the selectablemarker is reduced whereas the expression of the heterologous polypeptideis maintained by using e.g. the wild type SV40 promoter of SEQ ID NO:05. Thus, it has been found that the combination of a promoter accordingto the invention operably linked to a nucleic acid encoding a selectablemarker and of a wild-type promoter, e.g. SV40 or CMV, operably linked toa nucleic acid encoding a heterologous polypeptide of interest resultsin an improved expression of the heterologous polypeptide compared toconstructs in which the nucleic acid encoding a selectable marker aswell as the nucleic acid encoding the heterologous polypeptide ofinterest are both operably linked to a wild-type promoter.

In stable cell clones the nucleic acid encoding the selectable markerand the nucleic acid encoding the heterologous polypeptide as well astheir corresponding promoters are integrated jointly in the genome ofsaid cell. As the location of the integration in the genome is a randomprocess a selection step is normally carried out. In this selection steponly cells are selected in which the joint nucleic acids areincorporated in the genome is close proximity of a transcriptionallyhighly active locus. Cells either having incorporated the nucleic acidafar from such a locus or having incorporated both nucleic acids atdifferent loci are eliminated by the selection step.

Another aspect of the current invention is a nucleic acid consisting ofa nucleic acid sequence of SEQ ID NO: 02, or SEQ ID NO: 03, or SEQ IDNO: 04, or SEQ ID NO: 06, which has a promoter strength of 90% or more,or 40% to less than 90%, or less than 40% of the promoter strength ofthe wild-type SV40 promoter of SEQ ID NO: 05 when operably linked to thenucleic acid of SEQ ID NO: 07.

In a preferred embodiment has the nucleic acid the nucleic acid sequenceof SEQ ID NO: 04 and a promoter strength of 20% or less of the promoterstrength of the wild-type SV40 promoter of SEQ ID NO: 05 when each ofthem individually is operably linked to the nucleic acid of SEQ ID NO:07.

As the nucleic acid and the promoter, respectively, according to theinvention each has reduced promoter strength, i.e. a nucleic acidoperably linked thereto is transcribed at a reduced amount or with areduced rate when compared to the wild-type SV40 promoter, they areuseful in multiple applications.

For example, they can be used to promote the expression of an operablylinked selection marker allowing for the selection of a cell carryingthis selection marker without requiring a large fraction of the capacityof the cell's protein expression machinery. Thereby the expression of ane.g. co-expressed heterologous polypeptide is not negatively affected.

Another aspect of the current invention is a method for the selection ofa cell expressing a heterologous polypeptide comprising the steps of

-   a) transfecting a eukaryotic cell with a nucleic acid comprising    -   i) a first expression cassette comprising a nucleic acid        encoding a heterologous polypeptide,    -   ii) a second expression cassette comprising a first nucleic acid        of SEQ ID NO: 04 and a second nucleic acid encoding a selectable        marker, whereby the first nucleic acid is operably linked to the        second nucleic acid,-   b) cultivating said transfected cell under conditions suitable for    growth of the non-transfected eukaryotic cell,-   c) selecting a cell propagating in step b) and also    -   i) propagating under selection condition, or    -   ii) expressing the selectable marker.

Cells suitable in this method are e.g. CHO cells, BHK cells, PER.C6®cells, HEK cells, HeLa cells, SP2/0 cells, NS0 cells, myeloma cells, orhybridoma cells. In one embodiment the cell is a mammalian cell, in apreferred embodiment the cell is selected from a CHO cell, BHK cell, HEKcell, Sp2/0 cell, or a PER.C6® cell.

The heterologous polypeptide may be any heterologous polypeptide ofinterest, such as e.g. prodrugs, enzymes, enzyme fragments, enzymeinhibitors, enzyme activators, biologically active polypeptides,hedgehog proteins, bone morphogenetic proteins, growth factors,erythropoietin, thrombopoietin, G-CSF, interleukins, interferons,immunoglobulins, or antifusogenic peptides, or fragments thereof, orconjugates thereof. In one embodiment the heterologous polypeptide is animmunoglobulin, or an immunoglobulin fragment, or an immunoglobulinconjugate.

In one embodiment step c) of the method is selecting a cell propagatingin step b) under selective culture conditions, i.e. in the presence of aselection agent. In another embodiment step c) of the method isselecting a cell propagating in step b) and expressing the selectablemarker encoded by said second nucleic acid. In the first embodiment isthe transfected cell cultivated in the presence of a selection agentthat inhibits the propagation of cells not transfected or notsufficiently expressing the second nucleic acid encoding the selectablemarker. In the second embodiment is the transfected cell cultivated inthe absence of a selection agent and selection is by the detection ofthe expression of the selectable marker, e.g. by FACS or sightinspection.

Selection of cells can be performed in a single step or in multiplesteps. In a single/multiple step procedure the first selection can beperformed based e.g. on a threshold level of a selectable marker, suchas e.g. dLNGFR or GFP. For example, for selection by flow cytometry(e.g. by FACS—Fluorescence Activated Cell Sorting) a fluorescencethreshold level is set and cells with a fluorescence above thisthreshold level are selected. Alternatively cells within the top 1-15%(i.e. the 15% of the cells with the most intense detectable label), ortop 1-10%, or top 1-5%, or top 5-10% of fluorescence intensity of thesample population can be collected. An alternative method for theselection of a cell is immunological binding, e.g. to magnetic beadscoated with Protein A or specific immunoglobulins. The selected panel ofcells may be taken as basic population for a further selection step,e.g. by single cell seeding, cultivation and ELISA analysis(Enzyme-linked Immunosorbent Assay), or by limited dilution cloning, orby expanding by cultivation for several days and a further FACSselection, or by a further FACS selection with a higher threshold level,which can for example be based on the fluorescence intensities detectedin a preceding FACS selection, or by an immunoprecipitation method (seee.g. WO 2005/020924). Selecting a cell according to the invention can inone embodiment be performed by a method selected from flow cytometry,ELISA, immunoprecipitation, immunoaffinity column chromatography,magnetic bead immunoaffinity sorting, microscopy-based isolationmethods, or immunological binding. In another embodiment selecting acell according to the invention can be performed by a method selectedfrom flow cytometry, ELISA, immunoprecipitation, immunoaffinity columnchromatography, magnetic bead immunoaffinity sorting, microscopy-basedisolation methods, or immunological binding, followed by a methodselected from single cell seeding and cultivation, limited dilution, orexpanding by cultivation, followed by a method selected from FACS,immunoprecipitation, immunoaffinity column chromatography, magnetic beadimmunoaffinity sorting, microscopy-based isolation methods, or ELISA.

The final aspect of the current invention is a method for the expressionof a heterologous polypeptide in a cell by operably linking a promoteraccording to the invention to a nucleic acid encoding said heterologouspolypeptide. This method is suitable for the expression e.g. of largeproteins with low solubilities or slow folding kinetics. The reductionof the amount or rate of expression of a heterologous polypeptide or ofthe transcription of a nucleic acid is advisable if the heterologouspolypeptide or nucleic acid adversely affects the host cell or reducesthe overall production yield of functionable, i.e. correctly folded,heterologous polypeptide. Therefore, one aspect of the current inventionis the expression or production of a heterologous polypeptide withreduced fraction of not functionable, i.e. not correctly folded,polypeptide. If the heterologous polypeptide expressed in the host celle.g. exceeds a certain size with respect to weight, or amino acidnumber, or number of subunits, or number of secondary modifications, itprobably will be obtained after the cultivation of the host cell in anon-functionable, i.e. non-active or not correctly folded, form. Onepossibility to circumvent this problem is to reduce the amount, i.e. therate, of the protein expression. As protein expression is regulated bythe strength of the operably linked promoter, the promotors according tothe invention are well suited therefore.

Therefore, the current invention comprises a method for the expressionor production of a heterologous polypeptide with reduced fraction of notfunctionable polypeptide wherein the method comprises the followingsteps in this order:

-   a) transfecting a mammalian cell with a nucleic acid comprising an    expression cassette comprising a promoter of SEQ ID NO: 02, or SEQ    ID NO: 03, or SEQ ID NO: 04, or SEQ ID NO: 06 operably linked to a    nucleic acid encoding a heterologous polypeptide,-   b) selecting a cell transfected in step a),-   c) cultivating the selected cell under conditions suitable for the    expression of the heterologous polypeptide,-   d) recovering the heterologous polypeptide from the cell or the    cultivation medium.

In one embodiment of this aspect of the current invention the mammaliancell is a CHO cell, a BHK cell, a HEK cell, a Sp2/0 cell, or a PER.C6®cell. In one embodiment of this method the promoter is of SEQ ID NO: 03or SEQ ID NO: 04. In another embodiment has the promoter the SEQ ID NO:04. In a further embodiment is the nucleic acid encoding a heterologouspolypeptide encoding an immunoglobulin, or an immunoglobulin-fragment,or an immunoglobulin-conjugate. In still another embodiment comprisesthe nucleic acid a second expression cassette encoding a selectablemarker.

The following examples, sequence listing and figures are provided to aidthe understanding of the present invention, the true scope of which isset forth in the appended claims. It is understood that modificationscan be made in the procedures set forth without departing from thespirit of the invention.

DESCRIPTION OF THE FIGURES

FIG. 1 Plasmid map of plasmid 5500.

FIG. 2 Plasmid map of plasmid 5501.

FIG. 3 Plasmid map of plasmid 4703.

FIG. 4 Plasmid map of plasmid 4712.

FIG. 5 Plasmid map of plasmid 4713.

FIG. 6 FACS analysis of dLNGFR-expression of HEK293EBNA-cellstransfected with

-   -   a) an expression cassette of SEQ ID NO: 05 operably linked to        SEQ ID NO: 07,    -   b) an expression cassette of SEQ ID NO: 04 operably linked to        SEQ ID NO: 07,    -   c) an expression cassette of SEQ ID NO: 06 operably linked to        SEQ ID NO: 07.

FIG. 7 FACS analysis of GFP-expression of HEK293EBNA-cells transfectedwith

-   -   a) an expression cassette of SEQ ID NO: 05 operably linked to        SEQ ID NO: 07,    -   b) an expression cassette of SEQ ID NO: 03 operably linked to        SEQ ID NO: 07,    -   c) an expression cassette of SEQ ID NO: 06 operably linked to        SEQ ID NO: 07.

EXAMPLE 1 Construction of Nucleic Acid of SEQ ID NO: 02

The 5′ shortened SV40 promoter of SEQ ID NO: 02 was obtained via a PCRreaction with the full length SV40 promoter as template operably linkedto a nucleic acid encoding dLNGFR (plasmid 4788). The PCR mixture was:1×PWO buffer (Roche Molecular Biochemicals, Mannheim, Germany)supplemented with 2 mM MgSO₄, 200 μM dNTPs PCR Nucleotide Mix (RocheMolecular Biochemicals, Mannheim, Germany), 1 μM forward primer of SEQID NO: 08, 1 μM reverse primer of SEQ ID NO: 13, 50 ng template-DNA ofplasmid 4788, 2.5 U PWO-DNA polymerase (PWO=Pyrococcus woesei; RocheMolecular Biochemicals, Mannheim, Germany), ad 100 μL with doublydistilled ultrapure water. The PCR conditions were: 1 min at 94° C., 1cycle; 0.5 min at 94° C., 25 cycles; 0.5 min at 55° C., 25 cycles; 1 minat 72° C., 25 cycles; 5 min at 72° C., 1 cycle.

EXAMPLE 2 Construction of Nucleic Acid of SEQ ID NO: 03

The 5′ shortened SV40 promoter variant of SEQ ID NO: 03 was obtained viaa PCR reaction with the full length SV40 promoter as template operablylinked to a nucleic acid encoding dLNGFR from plasmid 4788. The PCRmixture was: 1×PWO buffer supplemented with 2 mM MgSO₄, 200 μM dNTPs PCRNucleotide Mix, 1 μM forward primer of SEQ ID NO: 09, 1 μM reverseprimer of SEQ ID NO: 13, 50 ng template-DNA of plasmid 4788, 2.5 UPWO-DNA polymerase, ad 100 μL with doubly distilled ultrapure water. ThePCR conditions were: 1 min at 94° C., 1 cycle; 0.5 min at 94° C., 25cycles; 0.5 min at 55° C., 25 cycles; 1 min at 72° C., 25 cycles; 5 minat 72° C., 1 cycle.

EXAMPLE 3 Construction of Nucleic Acid of SEQ ID NO: 04

The 5′ shortened SV40 promoter variant of SEQ ID NO: 04 was obtained viaa PCR reaction with the full length SV40 promoter as template operablylinked to a nucleic acid encoding dLNGFR (plasmid 4788). The PCR mixturewas: 1×PWO buffer supplemented with 2 mM MgSO₄, 200 μM dNTPs PCRNucleotide Mix, 1 μM forward primer of SEQ ID NO: 10, 1 μM reverseprimer of SEQ ID NO: 13, 50 ng template-DNA of plasmid 4788, 2.5 UPWO-DNA polymerase, ad 100 μL, with doubly distilled ultrapure water.The PCR conditions were: 1 min at 94° C., 1 cycle; 0.5 min at 94° C., 25cycles; 0.5 min at 55° C., 25 cycles; 1 min at 72° C., 25 cycles; 5 minat 72° C., 1 cycle.

EXAMPLE 4 Construction of Further Promoters

Further 5′ shortened SV40 promoter variants were produced via a PCRreaction with the full length SV40 promoter as template operably linkedto a nucleic acid encoding dLNGFR. The PCR mixture was: 1×PWO buffersupplemented with 2 mM MgSO₄, 200 μM dNTPs PCR Nucleotide Mix, 1 μMforward primer of SEQ ID NO: 11 (yielding SEQ ID NO: 06) or SEQ ID NO:12, 1 μM reverse primer of SEQ ID NO: 13, 50 ng template-DNA of Plasmid4788, 2.5 U PWO-DNA polymerase, ad 100 μL with bidistilled ultrapurewater. The PCR conditions were: 1 min at 94° C., 1 cycle; 0.5 min at 94°C., 25 cycles; 0.5 min at 55° C., 25 cycles; 1 min at 72° C., 25 cycles;5 min at 72° C., 1 cycle.

EXAMPLE 5 Expression of dLNGFR Operably Linked to SEQ ID NO: 02, 03, 04,and 06

The primer with which the nucleic acids of SEQ ID NO: 02, 03, 04, and 06were obtained contained restriction sites of the restrictionendonucleases Sall and EcoRI. Using these restriction sites/restrictionendonucleases these nucleic acids operably linked to a nucleic acidencoding dLNGFR (for LNGFR (low affinity nerve growth factor) see e.g.Philipps, K., et al., Nat. Med. 2 (1996) 1154-1156; or Machl, A. W., etal., Cytometry 29 (1997) 371-374) have been ligated into the plasmid4736-pUC-DHFR, which has been linearized using the restriction sitesSalI and PvulI. The resulting plasmids are:

5500-pUC-DHFR_dLNGFR_wildtypeSV40 (plasmid map in FIG. 1),5501-pUC-DHFR_dLNGFR_Shortening_(—)2 (plasmid map in FIG. 2),5502-pUC-DHFR_dLNGFR_Shortening_(—)3,5503-pUC-DHFR_dLNGFR_Shortening_(—)4,5504-pUC-DHFR_dLNGFR_Shortening_(—)6.

HEK 293 EBNA cells have been transfected with these plasmids and theencoded polypeptide was transiently expressed. After 48 h the expressionof dLNGFR has been verified via FACS. For the determination of thepromoter strength (expression strength) of the different promoters theexpressed surface marker dLNGFR was fluorescence marked via ananti-dLNGFR antibody.

For each determination approximately 0.5×10⁶ to 1.0×10⁶ cells have beendetached by the addition of 1 ml Accutase® per 6 wells (GIBCOInvitrogen, Karlsruhe, Germany). The detached cells were transferred ina vial and washed once with RPMI 1640 medium supplemented with 10% (v/v)fetal bovine serum. Afterwards the cells were precipitated bycentrifugation (1,500 rpm, 5 min.) and the supernatant was discarded.All following steps were performed at 0 to 2° C. on or in an ice bath.The cell pellet was resuspended in 100 μl of a solution containing theanti-dLNGFR antibody at 30 μg/ml. After an incubation period of 30minutes the samples were diluted by the addition of 2 ml of ice-coldRPMI 1640 medium with subsequent precipitation by centrifugation. Thepellet was resuspended in 100 μL of a secondary antibody solution, agoat anti-mouse-IgG antibody conjugated to Phycoerythrin (CaltagLaboratories, Burlingame, Calif., USA), at a concentration of 20 μg/ml.The sample was incubated in the dark for 30 min. on ice. After a washingand centrifugation step the sample was resuspended in 500 μl medium andstored in the dark on ice until the measurement. The FACS analysis wasevaluated using the FACSCalibur software (Cell Quest Pro). The resultsare shown in FIG. 6.

Results of the FACS analysis:

5500-pUC-DHFR_dLNGFR_wildtypeSV40 (FIG. 6 a)):

Marker Left, Right Events % Gated % Total Mean Median All  1, 9910 8067100.00 80.67 567.61 128.64 M1 1, 40  2134 26.45 21.34 21.84 21.29 M2 40,9910 5956 73.83 59.56 761.11 345.995501-pUC-DHFR_dLNGFR_Shortening_(—)2:

Marker Left, Right Events % Gated % Total Mean Median All  1, 9910 7377100.00 73.77 564.33 168.49 M1 1, 40  1365 18.50 13.65 24.69 25.48 M2 40,9910 6027 81.70 60.27 685.24 291.645502-pUC-DHFR_dLNGFR_Shortening_(—)3:

Marker Left, Right Events % Gated % Total Mean Median All  1, 9910 7643100.00 76.43 582.85 129.80 M1 1, 40  1959 25.63 19.59 22.68 22.88 M2 40,9910 5708 74.68 57.08 772.82 339.825503-pUC-DHFR_dLNGFR_Shortening_(—)4 (FIG. 6 b)):

Marker Left, Right Events % Gated % Total Mean Median All  1, 9910 7440100.00 74.40 436.61 69.78 M1 1, 40  2603 34.99 26.03 20.87 19.99 M2 40,9910 4852 65.22 48.52 658.42 250.295504-pUC-DHFR_dLNGFR_Shortening_(—)6 (FIG. 6 c)):

Marker Left, Right Events % Gated % Total Mean Median All  1, 9910 8404100.00 84.04 31.67 11.65 M1 1, 40  6685 79.55 66.85 12.05 9.14 M2 40,9910 1732 20.61 17.32 107.45 74.32

It can be seen that the mean fluorescence intensity of the labeleddLNGFR expressed from plasmid 5504 shows a significant reduction ofexpression with about 85% reduction.

EXAMPLE 6 Expression of GFP Operably Linked to SEQ ID NO: 02, 03, 04,and 06

The primer with which the nucleic acids of SEQ ID NO: 02, 03, 04, and 06were obtained contained restriction sites of the restrictionendonucleases SalI and EcoRI. Using these restriction sites/restrictionendonucleases these nucleic acids operably linked to a nucleic acidencoding GFP (SEQ ID NO: 07) have been ligated into the plasmid4703-pUC-OriP (FIG. 3), which has been linearized using the restrictionsites SalI and PvulI. The resulting plasmids were:

4712-pUC-Hyg_GFP_wildtypeSV40 (plasmid map in FIG. 4),4713-pUC-Hyg_GFP_Shortening_(—)2 (plasmid map in FIG. 5),4714-pUC-Hyg_GFP_Shortening_(—)3,4715-pUC-Hyg_GFP_Shortening_(—)4,4716-pUC-Hyg_GFP_Shortening_(—)6.

For each determination approximately 5×10⁵ to 1×10⁶ cells have beendetached by the addition of 1 ml Accutase® per 6 wells (GIBCOInvitrogen, Karlsruhe, Germany). The detached cells were transferred ina vial and resuspended in 3 ml RPMI 1640 medium supplemented with 10%(v/v) fetal bovine serum. Afterwards the cells were precipitated bycentrifugation (1,500 rpm, 5 min.) and the supernatant was discarded.The cell pellet was resuspended in 500 μl medium. For thedifferentiation of living and dead cells 1 μl propidium iodide wasadded. The cells were resuspended shortly prior to the FACS measurement.The FACS analysis was evaluated using the FACSCalibur software (CellQuest Pro). The results are shown in FIG. 7.

Results of the FACS Analysis:

4712-pUC-Hyg_GFP_wildtypeSV40 (FIG. 7 a)):

Marker Left, Right Events % Gated % Total Mean Median All  1, 9910 8390100.00 33.90 385.26 17.15 M1 1, 16  4162 49.61 41.62 5.92 4.91 M2 16,9910 4240 50.54 42.40 756.58 302.324713-pUC-Hyg_GFP_Shortening_(—)2:

Marker Left, Right Events % Gated % Total Mean Median All  1, 9910 8576100.00 85.76 514.24 45.73 M1 1, 16  3635 42.39 36.35 5.72 4.61 M2 16,9910 4948 57.70 49.48 887.12 392.424714-pUC-Hyg_GFP_Shortening_(—)3 (FIG. 7 b):

Marker Left, Right Events % Gated % Total Mean Median All  1, 9910 8538100.00 85.38 215.22 15.96 M1 1, 16  4289 50.23 42.89 5.44 4.26 M2 16,9910 4258 49.87 42.58 426.11 203.514715-pUC-Hyg_GFP_Shortening_(—)4:

Marker Left, Right Events % Gated % Total Mean Median All  1, 9910 8601100.00 86.01 53.76 7.37 M1 1, 16  5606 65.18 56.06 5.59 4.41 M2 16, 99103012 35.02 30.12 143.20 73.654716-pUC-Hyg_GFP_Shortening_(—)6 (FIG. 7 c)):

Marker Left, Right Events % Gated % Total Mean Median All  1, 9910 7622100.00 76.22 4.09 3.52 M1 1. 16  7614 99.90 76.14 4.07 3.52 M2 16, 99108 0.10 0.08 22.46 18.85

It can be seen that the mean fluorescence intensity of the GFP expressedfrom plasmid 4714 or plasmid 4715 shows a significant reduction ofexpression with about 50% and 75% reduction, respectively. With plasmid4716 no detectable expression of GFP was found.

1. A promoter with the nucleic acid sequence of SEQ ID NO:
 04. 2. Anucleic acid characterized in that it is consisting of the nucleic acidof SEQ ID NO: 04 and has a promoter strength of 20% or less of the SV40promoter of SEQ ID NO: 05 when operably linked to the nucleic acid ofSEQ ID NO:
 07. 3. A nucleic acid according to claim 2, characterized inthat said nucleic acid comprises the nucleic acid of SEQ ID NO: 14 priorto the nucleic acid of SEQ ID NO:
 04. 4. A nucleic acid according toclaim 2, characterized in that it comprises the second 72 by repeat ofSEQ ID NO: 14 of the simian virus 40 promoter.
 5. A nucleic acidaccording to any one of claims 2 to 4, characterized in that in saidnucleic acid the first 72 by repeat of the SV40 promoter is deleted andthe second 72 by repeat of the SV40 promoter is maintained.
 6. Methodfor the selection of a cell, characterized in that it comprises thefollowing steps: a) transfecting a eukaryotic cell with a nucleic acidcomprising i) a first expression cassette comprising a nucleic acidencoding a heterologous polypeptide, ii) a second expression cassettecomprising a first nucleic acid of SEQ ID NO: 04 and a second nucleicacid encoding a selectable marker, whereby said first and second nucleicacid are operably linked, b) cultivating said transfected cell underconditions suitable for the growth of said non-transfected cell, c)selecting a cell propagating in step b) under selective cultureconditions.
 7. Method according to claim 6, characterized in that stepc) of said method is selecting a cell propagating in step b) underselective culture conditions.
 8. Method according to claim 6,characterized in that step c) of said method is selecting a cellpropagating in step b) and expressing the selectable marker encoded bysaid second nucleic acid.
 9. Method for the expression of a heterologouspolypeptide, characterized in that it comprises the following steps: a)transfecting a eukaryotic cell with a nucleic acid comprising anexpression cassette comprising a first nucleic acid of SEQ ID NO: 04operably linked to a second nucleic acid encoding a heterologouspolypeptide, b) selecting a cell transfected in step a), c) cultivatingthe selected cell of step b) under conditions suitable for theexpression of said heterologous polypeptide, d) recovering theheterologous polypeptide from the cell or the cultivation medium. 10.Method according to claim 9, characterized in that the nucleic acidcomprises a second expression cassette encoding a selectable marker. 11.Method according to any one of claims 6 to 10, characterized in thatsaid eukaryotic cell is a mammalian cell.
 12. Method according to claim11, characterized in that said mammalian cell is s CHO cell, a BHK cell,a HEK cell, a Sp2/0 cell or a Per.C6® cell.
 13. Method according toclaim 12, characterized in that said mammalian cell is a CHO cell or aHEK cell.
 14. Method according to any one of claims 6 to 13,characterized in that said heterologous polypeptide is animmunoglobulin, or an immunoglobulin-fragment, or animmunoglobulin-conjugate.
 15. Method according to any one of claims 6 to8 and 10 to 14, characterized in that said selectable marker is aneomycin-aminoglycoside phosphotransferase, or ahygromycin-phosphotransferase, or dLNGFR, or GFP.
 16. Method accordingto any one of claims 9 to 14, characterized in that said first nucleicacid is a nucleic acid according to claim
 2. 17. Method according toclaim 16, characterized in that said first nucleic acid is onlycontaining the second 72 by repeat of the wild type SV40 promoter. 18.Method for the expression of a heterologous polypeptide, characterizedin that it comprises i) a nucleic acid of SEQ ID NO: 04 that iscontaining the second 72 by repeat of the wild type SV40 promoter,operably linked to a nucleic acid encoding a selectable marker, ii) anucleic acid of SEQ ID NO: 05 or the CMV promoter operably linked to anucleic acid encoding a heterologous polypeptide, iii) a CHO cell or aHEK cell, iv) transfecting said cell of iii) with the nucleic acids ofi) and ii), v) selecting a cell transfected in iv) in the presence of aselection agent, vi) cultivating said selected cell of v) underconditions suitable for the expression of said heterologous polypeptidein the absence of the selection agent used in v), vii) recovering theheterologous polypeptide from the cultivation medium or the cell. 19.Method according to any one of claims 6 to 18, characterized in thatsaid selecting is by a method selected from flow cytometry, ELISA,immunoprecipitation, immunoaffinity column chromatography, magnetic beadimmunoaffinity sorting, microscopy-based isolation methods, orimmunological binding.